Carroll v. Finova Capital Corp.

Smith, Chief Judge.

Roy A. Carroll d/b/a Animal Care Clinic (collectively “Carroll”) appeals from the grant of summary judgment entered in favor of Finova Capital Corporation. Because we conclude that the trial court entered a sua sponte summary judgment without providing Carroll with a full opportunity to address the basis on which the court entered its order, we reverse.

Finova filed this action against Carroll alleging that it had provided financing to Carroll in connection with the leasing of office equipment marketed by Recomm Operations, Inc. and others. Finova further alleged that after…